The Second Amendment: The Intent and Its Interpretation by the States and the Supreme Court »

Patrick J. Charles is the recipient of the 2008 Judge John R. Brown Award for Excellence in Writing award for his research on the Second Amendment and the "right to bear arms" in state constitutions. A former Marine sergeant with the Marine Security Guard Battalion, he has also worked for the Department of State. He lives in Arlington, Virginia.

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." Legal historians, analysts, judges and commentators have long disagreed about the original scope and intent of these words, making up the Second Amendment to the United States Constitution. Individual right theorists interpret it as protecting the personal privilege to own and carry firearms, while collective right theorists interpret it as only protecting the privilege of a collective society to bear arms in relation to militia service.

This book examines the contentions of both groups and concludes that the amendment is meant only to protect the right of an individual to "keep and bear arms" for the purpose of defending the country in a militia force against standing foreign or domestic armies. In crafting his argument, the author examines the Second Amendment in exacting detail.

Introduction The Supreme Court and the Second Amendment 5

1 The Right of the People to Keep and Bear Arms Shall Not Be Infringed 15

2 Revisionist Judicial Interpretation and Review 48

3 Placing the Second Amendment in Its Proper Historical Context 71

4 The Conditional Right to Keep and Bear Arms 95

5 "In Defence of Themselves and the State" 131

6 Bearing Arms in the Ohio Constitution 158

Chapter Notes 179

Bibliography 207

Index 217